Hoggard v. Reitano

By Judge Dean W. Sword, Jr.

This matter comes before the court upon a Motion for Judgment seeking in Count One die recovery of punitive damages and in Count Two the recovery of compensatory damages arising from an automobile accident that occurred in the City of Portsmouth on October 1,1999.

The basis for the punitive damages claim is an alleged violation of Virginia Code § 8.01-445.5. No common law claim is made.

The defendant has filed a motion to strike the punitive damage claim and, based upon an admission of liability, seeks to prohibit the introduction of any evidence regarding the use of…